Herr v. Altoona
Superior Court of Pennsylvania
Appeal, No. 49, Oct. T., 1904, by defendant, from judgment of C. P. Blair Co., Oct. T., 1900, No. 19, on verdict for plaintiff in case of William H. Herr v. City of Altoona. Trespass to recover damages for injuries to real estate. Before Bell, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 49, Oct. T., 1904, by defendant, from judgment of C. P. Blair Co., Oct. T., 1900, No. 19, on verdict for plaintiff in case of William H. Herr v. City of Altoona. Trespass to recover damages for injuries to real estate. Before Bell, P. J. The facts are stated in the opinion of the Superior Court. The court charged in part as follows : [Were it not for one alleged fact in this case we would not submit this question of negligence on the part of the city to you at all; but it is alleged on the part of the plaintiff that this filling up of the channel was in direct opposition to the…
1Opinion of the Court
Opinion by
Rice, P. J.,
Dry Gap Run, a natural water course, ran along Twenty-fourth street from Ninth avenue to Sixth avenue, and then turned to the south. Owing to its having become contaminated by sewage, and perhaps for other reasons, the city constructed a sewer in the street, and turned the stream into it, but did not at once close up the old channel. It is alleged that a vent was placed in the sewer, so that in times of flood, when the sewer should be insufficient to carry the whole volume, the surplus could escape into the old channel and be carried off in that way. Afterwards, in the…
2Cases cited8 opinions
- Stork v. City of PhiladelphiaSupreme Court of Pennsylvania · 1900
- Little Schuylkill Navigation, Railroad & Coal Co. v. Richards's AdministratorSupreme Court of Pennsylvania · 1868
- Gallagher v. Kemmerer, Pennsylvania Court of Common Pleas, Luzerne County1891
- Cooper v. Scranton CitySuperior Court of Pennsylvania · 1902
- Vanderslice v. City of PhiladelphiaSupreme Court of Pennsylvania · 1883
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3Cited by5 opinions
- Lorah v. Amity TownshipSuperior Court of Pennsylvania · 1908
- Barrett v. Minersville BoroughSuperior Court of Pennsylvania · 1909
- Malpass v. PhiladelphiaSuperior Court of Pennsylvania · 1913
- Herwick v. Connellsville BoroughSuperior Court of Pennsylvania · 1916
- Schweriner v. PhiladelphiaSuperior Court of Pennsylvania · 1907